ANSWERS: 16
  • You can be taken in, where you WILL be tested, regardless.
  • Up here they can take your rear to jail.
  • What many do not understand is. they offer the test to prove your under the limit not that your intoxicated. This is for those cases where the police suspect you have been drinking and people swearing they had nothing to drink. If you pass this field test chances are they will not arrest you for driving under the influence. So it is given to prove your innocence not your guilt. They do not need you to take it to take you to jail. Not taking it just tells them you have something to hide and chances are you will go to jail.
    • mushroom
      You could just be a hardass who thinks "innocence until proven guilty" applies, but traffic stops only require a preponderance of evidence for the cop to issue a summons or arrest you. It's the cop's judgment if you appear impaired, or there's other evidence present, and the sobriety test might get you off the hook.
  • You can be arrested and tested at the precinct. Once under arrest, you don't have the chance to prove your innocence without an arrest record.
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  • Contrary to what everyone else is saying in their answers, you can avoid all tests. but you will get charged with "Failure to submit to a chemical analysis."
  • They can arrest you, you have to take the test
  • Here in California, we have what is called the "Implied consent" law http://www.californiaduidefense.com/dmv_hearing/implied_consent_law.html In short, if you are pulled over and the officer suspects you are under the influence, you *must* submit to a sobriety test. Failure to do so is a violation and will result in your license being suspended for a year.
  • Where I'm from you will be charged with refusing a breathalyzer and will be charged. You could lose your license.
  • Well, in California you will lose your license. However, you can petition the court to allow you to drive for work.
  • How 'bout we just drive sober...and not have to worry about it?!?
  • I think from what I understand,where I live,you can refuse the test,get a lawyer,and still not loose your license.
  • In my state (Florida) you lose your drivers license for up to one year, you spend some time in jail (24 hours or so) BUT you are spared the higher insurance rates, lame driver's courses, marred driving record, possible trouble finding a job, lost wages due to time spent in court, THOUSANDS of dollars in fees and many hours of community service. OR you can just call a cab and pay the dern $15.
  • You can be arrested and taken to the station to be tested, else taken to the hospital and be forced to give a blood sample.
  • Driving in Ohio, you are legally deemed to have already consented to any chemical test an officer requests you to take. It's called Implied Consent. He can have you take one of any of the three tests for a DUI, or all three. Refusal of one is a refusal of them all, and it's not up to you which one you take. He will read a form to you that expressly states what you're required by law to take. Once you refuse, your license is immediately suspended for one year (and you don't get work privileges). This is on top of anything the court might impose, since the suspension from the refusal is administrative, not criminal. If it's your first DUI offense, you're better off taking the test. Second offense? Doesn't matter. In Ohio, you can be arrested for DUI even if the vehicle isn't running. As long as you're in "physical control" of the "vehicle," you can be charged. Physical control means in the front seat (not necessarily the driver's seat) and having possession of the keys. And it's a "vehicle," not a "motor vehicle," meaning it's not just operating a car. I've arrested people for DUI on a lawnmower and a bicycle before.
  • you might end up in jail

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